HomeMy WebLinkAbout20000133 CORRECTED
RESOLUTION
(°'3
RE: CONDITIONAL VACATION OF A PORTION OF WELD COUNTY ROAD 62.25, AND
AMEND RESOLUTION DATED JULY 6, 1998, CONTINUING SAID MATTER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a road right-of-way, acquired by deed, acceptance of Road Viewers Report,
and/or by prescription, and known as Weld County Road 62.25, exists within Section 36,
Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, extending west
from the intersection of Weld County Roads 25 and 62.25, to the point where Weld County
Road 62.25 crosses the Cache la Poudre River, and
WHEREAS, the property located in Section 36, Township 6 North, Range 67 West of
the 6th P.M., Weld County, Colorado, which said stretch of Weld County Road 62.25 traverses,
is owned by Dean and Susan Edmundson, and
WHEREAS, the Poudre River Corridor, Inc., Board of Directors has been negotiating
with the Edmundsons to locate the Poudre River Trail on the Edmundson's property, such that it
does not proceed onto said stretch of Weld County Road 62.25, and
WHEREAS, two agreements are currently being negotiated, one between Weld County
and Dean and Susan Edmundson and one between Weld County and the William R. Jones
Ditch Company, for the location of the Poudre River Trail on the Edmundson's property and the
crossing of and relocation of a portion of the Jones Ditch, and
WHEREAS, by letter dated May 26, 1998, and mailed on that date, a copy of which is
attached hereto, the Edmundsons were notified of a public hearing set for July 6, 1998, to
consider the vacation, in accordance with the requirements of C.R.S. Section 43-2-303(2)(b), of
said stretch of Weld County Road 62.25, with said vacation being a condition of the agreement
with the Edmundsons, and
WHEREAS, at said hearing on July 6, 1998, the Board continued this matter, by
resolution, to the 20th day of July, 1998, in order to allow time for the negotiations regarding the
agreements to be completed, and
WHEREAS, at its meeting on July 13, 1998, the Board determined that the conditional
vacation of said stretch of Weld County Road 62.25 is necessary to ensure the completion of
the negotiation of said agreements; therefore, the Board deems it necessary to amend said
resolution dated July 6, 1998, to continue this matter to July 13, 1998, and
WHEREAS, the Board of County Commissioners now deems it advisable to vacate said
stretch of Weld County Road 62.25, conditional upon Weld County receiving signed copies of
the agreements from Dean and Susan Edmundson and the Jones Ditch Company, and
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RE: VACATION OF WCR 62.25
PAGE 2
WHEREAS, this Corrected Resolution is necessary to correct the legal description of the
vacated right-of-way as Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld
County, Colorado, which description was set forth erroneously in the original resolution, dated
July 13, 1998, and recorded at Reception No. 2673793 as Range 66 West. Said resolution is
hereby and shall be considered void to the extent it is inconsistent with this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the stretch of Weld County Road 62.25, which exists within
Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado,
extending west from the intersection of Weld County Roads 25 and 62.25, to the point where
Weld County Road 62.25 crosses the Cache la Poudre River be, and hereby is, vacated, as
conditioned above.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board is directed to
record this Resolution in the Office of the Weld County Clerk and Recorder, but not until after
the Board has received the signed agreements mentioned above and has considered and
approved said agreements by separate Resolution.
BE IT FURTHER RESOLVED by the Board that the resolution dated July 6, 1998, be,
and hereby is, amended to continue said matter to July 13, 1998.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2000, nunc pro tunc, the 13th day of July
A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
fl4/
W D COUNTY, COLO DO
ATTEST: I �` i4Jlkj• rbara J. Kir� eyer, hair
Weld County Cle erk to the 3_r f ,
7 • A► ci r- ►��•%� _• — . J. G=de, Pro-Tem• pm
BY: ��' t..
Deputy Clerk to the `°fir
,„ � eorge€ Baxter
APPROyD AS TO FO
Dale K. Hall
Q
. i ty At tor '!— ��
Glenn Vaad
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